THE EVIDENCE MOVIE INDEX 1.1

James Alexander Tanford
Indiana University School of Law
Last updated 9/8/2005

This is a project under construction. Additional movies will be listed here as time permits. Eventually, each movie listing will contain a hyperlink taking you directly to the transcript of the relevant trial scene. For now, you will have to go to the transcript table of contents page and find your own transcript.

(If you know of any good movie evidence scenes not listed, send the information to tanford@indiana.edu and I will add them -- send three and I'll list you as a co-author and you can put it on your annual report to the Dean).

Rule 101. SCOPE.

Rule 102. PURPOSE AND CONSTRUCTION

Rule 103. RULINGS ON EVIDENCE

a) Timeliness

"Anatomy of a Murder"(James Stewart, 1959) (premature objection - crosses of paquet, lemon)

b) Specificity

"Duck Soup" (1933, Marx Bros.) (I object - Why? - Because I couldn't think of anything else to say - Sustained)

"Anatomy of a Murder"(James Stewart, 1959) (cross of Lemon -- a classic "incompetent, irrelevant, immaterial" objection)

c) Motion to Strike

d) Offer of proof

e) Continuing objections

f) Out of hearing of jury

Rule 104. PRELIMINARY QUESTIONS

a) Judge rules on admissibility

b) Not bound by Rules of Evidence

c) Conditional relevancy

Rule 105. LIMITED ADMISSIBILITY

Rule 106. REMAINDER OF OR RELATED WRITING OR RECORDED STATEMENTS.

"Anatomy of a Murder"(James Stewart, 1959) (series of photos)

Rule 201. JUDICIAL NOTICE

a) Generally known

b) Capable of accurate and ready determination

c) Other

Rule 301. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS

PRESUMPTIONS IN CRIMINAL CASES

Rules 401-02. BASIC RELEVANCY

Rule 403. PREJUDICE, CONFUSION, OR UNDUE DELAY

a) Unfair prejudice

"Big Daddy" (Adam Sandler, 1999)

"Anatomy of a Murder" (James Stewart, 1959) (cross-examination of defendant about whether he killed people in the war; cross of wife about marrying defendant three days after her divorce)

b) Confusion of the issues, or misleading the jury,

c) Undue delay, waste of time, or needless presentation of cumulative evidence.

"Adam's Rib" (Katharine Hepburn, Spencer Tracy, 1949) (limiting number of witnesses called to prove that women are the equals of men)

Rules 404-05. CHARACTER EVIDENCE

a) Civil cases

"From the Hip" (Judd Nelson, 1987)

b) Criminal cases -- defendant's character

"Bananas" (Woody Allen, 1971)

"Anatomy of a Murder" (James Stewart, 1959) (cross-examination of defendant about whether he killed people in the war)

c) Criminal cases -- victim's character

d) Reputation

e) Opinion

f) Specific acts

g) Character in issue

"Kramer v. Kramer" (Meryl Streep, Dustin Hoffman, 1979) (parenting patterns in custody case)

"Big Daddy" (Adam Sandler, 1999) (parenting patterns, custody case)

h) Cross of a character witness

Rule 404(b) -- OTHER BAD ACTS

a) General

"Adam's Rib" (Katharine Hepburn, Spencer Tracy, 1949)

b) Motive

c) Opportunity

d) Intent

e) Preparation or plan

f) Knowledge, mens rea

g) Identity

h) Absence of mistake or accident

Rule 406. HABIT; ROUTINE PRACTICE

Rule 407. SUBSEQUENT REMEDIAL MEASURES

Rule 408. COMPROMISE AND OFFERS TO COMPROMISE

Rule 409. PAYMENT OF MEDICAL AND SIMILAR EXPENSES

Rule 410. WITHDRAWN PLEAS AND OFFERS

Rule 411. LIABILITY INSURANCE

Rule 412. ADMISSIBILITY OF ALLEGED VICTIM'S SEXUAL BEHAVIOR OR ALLEGED SEXUAL PREDISPOSITION

"The Accused" (Jody Foster, 1988) (sort of)

"Town Without Pity" (Kirk Douglas, 1961)

Rule 413. EVIDENCE OF SIMILAR CRIMES IN SEXUAL ASSAULT CASES

Rule 414. EVIDENCE OF SIMILAR CRIMES IN CHILD MOLESTATION CASES

Rule 415. EVIDENCE OF SIMILAR ACTS IN CIVIL CASES CONCERNING SEXUAL ASSAULT OR CHILD MOLESTATION

Rule 501. PRIVILEGES

a) Attorney-client

b) Spousal communication

c) Clergy

d) Doctor-patient

e) Psychologist-patient

f) Accountant

g) Journalist

"Absence of Malice" (Paul Newman, Sally Field, 1981) (not during a trial)

h) Executive

i) Self-incrimination

Rule 601. COMPETENCY

a) General

"Big Daddy" (Adam Sandler, 1999) (intoxicated witness)
"Presumed Innocent" (Harrison Ford, 1990) (witness-advocate rule)

b) Children

"Big Daddy" (Adam Sandler, 1999)

Rule 602. LACK OF PERSONAL KNOWLEDGE

"Presumed Innocent" (Harrison Ford, 1990)

"Caine Mutiny" (Humphrey Bogart, 1954)

Rule 603. OATH OR AFFIRMATION

"Disorder in the Court" (3 Stooges, 1939) (trying to give the oath to Curly; not to be missed)

Rule 604. INTERPRETERS

Rule 605. COMPETENCY OF JUDGE AS WITNESS

Rule 606. COMPETENCY OF JUROR AS WITNESS

"Twelve Angry Men" (Henry Fonda, 1957)

Rule 607. WHO MAY IMPEACH

a) Impeaching own witness

b) Good faith basis

"From the Hip" (Judd Nelson, 1987)

Rule 608. EVIDENCE OF CHARACTER AND CONDUCT OF WITNESS

a) Character for truthfulness

b) Specific acts of dishonesty

"Big Daddy" (Adams Sandler, 1999) (giving false name to social workers, lying to father about drugs)

"Town Without Pity" (Kirk Douglas, 1961) (through an extrinsic witness)

"Philadelphia" (Tom Hanks, 1993) (acts not related to truthfulness)

Rule 609. IMPEACHMENT BY EVIDENCE OF CONVICTION OF CRIME

"Anatomy of a Murder" (James Stewart, 1959)(cross of state's surprise witness, a fellow jail inmate, includes juvenile matter)

"Knock on Any Door" (Humphrey Bogart 1945)

Rule 610. RELIGIOUS BELIEFS OR OPINIONS

"Anatomy of a Murder" (James Stewart, 1959)

FORMS OF IMPEACHMENT NOT MENTIONED IN RULES

a) Bias, interest and motive

"Town Without Pity" (Kirk Douglas, 1961) (dislike of victim's father)

"Knock on Any Door" (Humphrey Bogart 1945) (reward from prosecutor; prior remonatic relationship)

"A Few Good Men" (Tom Cruise, Demi Moore, 1992) (self-interest)

b) Mental and physical defects

c) Opportunity to observe

"The Accused" (Jody Foster, 1988)

d) Drug and alcohol use

"The Accused" (Jody Foster, 1988)

e) Extrinsic evidence rule

"Caine Mutiny" (Humphrey Bogart, 1954) (threat to call Ensign Harding as rebuttal witness)

REHABILITATION

Rule 611. MODE AND ORDER OF INTERROGATION AND PRESENTATIONS

a) Leading questions

b) Vague, ambiguous questions

c) Compound questions

d) Assuming facts not in evidence

"Presumed Innocent" (Harrison Ford, 1992)

e) Misquoting the testimony

f) Narratives

g) Volunteering and unresponsiveness

h) Repetition (asked and answered)

i) Argumentation and badgering on cross

"Anatomy of a Murder"(James Stewart, 1959).

"Adam's Rib" (Katharine Hepburn, Spencer Tracy, 1949)

j) Questions by judge

"The Verdict" (Paul Newman, 1982)

k) Questions by juror

Rule 612. WRITING OR OBJECT USED TO REFRESH MEMORY

"From the Hip" (Judd Nelson, 1987)

Rule 613. PRIOR INCONSISTENT STATEMENTS

"Knock on Any Door" (Humphrey Bogart 1945) (impeaching vs. refreshing)

Rule 614. CALLING AND INTERROGATION OF WITNESSES BY COURT

Rule 615. SEPARATION OF WITNESSES

"Anatomy of a Murder"(James Stewart, 1959) (prosecution psychiatrist in court to observe defendant's behavior)

Rule 701. OPINION TESTIMONY BY LAY WITNESSES

"A Few Good Men" (Tom Cruise, Demi Moore, 1992) (mental states, truthfulness, legal opinions, difference between opinions and lack of personal knowledge)

"Compulsion" (Orson Welles, 1959) (sanity)

"Mr. Deeds Goes to Town" (Gary Cooper, 1936) (sanity)

"Anatomy of a Murder"(James Stewart, 1959) (appearance of defendant, sanity - direct of Paquet)

Rule 702. TESTIMONY BY EXPERTS

a) Qualifications

"My Cousin Vinny" (Joe Pesci, Marissa Tomei, 1992)

"The Verdict" (Paul Newman, 1982)

b) Subject beyond knowledge of jury

c) Reliability

Rule 703. BASES OF OPINION TESTIMONY BY EXPERTS

a) Sufficiency

b) Inadmissible evidence

Rule 704. OPINION ON ULTIMATE ISSUE

a) General

"The Verdict" (Paul Newman, 1982)

b) Mental state of a defendant in a criminal case

"Compulsion" (Orson Welles, 1959)

Rule 705. DISCLOSURE OF FACTS OR DATA UNDERLYING EXPERT OPINION

Rule 706. COURT APPOINTED EXPERTS

Rule 801-02. HEARSAY DEFINITION

a) Assertion of fact

"Jagged Edge" (Glenn Close, Jeff Bridges, 1985) (victim told friend her husband was seeing other women and that she intended to divorce him).

"Final Appeal" (JoBeth Williams, 1993) (threats)

b) Assertive conduct

c) To prove the truth of the matter asserted.

d) Prior inconsistent statements

e) Prior consistent statementsstatement by witness.

f) Identification

Rule 801(d) ADMISSIONS

a) Party's own statement

"My Cousin Vinny" (Joe Pesci, 1992)

b) Adopted statement

"Presumed Innocent" (Harrison Ford, 1990) (tacit admission)

c) Authorized statement

d) A statement by an agent

e) Co-conspirator

"My Cousin Vinny" (Joe Pesci, 1992)

Rule 803(1). PRESENT SENSE IMPRESSION.

Rule 803(2). EXCITED UTTERANCE.

Rule 803(3). THEN EXISTING MENTAL OR PHYSICAL CONDITION

"Jagged Edge" (Glenn Close, Jeff Bridges, 1985) (victim's state of mind)

Rule 803(4). STATEMENTS FOR MEDICAL DIAGNOSIS OR TREATMENT.

"The Verdict" (Paul Newman, 1982) (hospital admitting form)

Rule 803(5). RECORDED RECOLLECTION.

Rules 803(6)-(7). BUSINESS RECORDS

"The Verdict" (Paul Newman, 1982) (hospital admitting form)

Rules 803(8), (9), (10). PUBLIC RECORDS AND REPORTS.

Rules 803(11) - (23). OTHER 803 EXCEPTIONS

Rule 804(b)(1). FORMER TESTIMONY.

Rule 804(b)(2). STATEMENT UNDER BELIEF OF IMPENDING DEATH.

Rule 804(b)(3). STATEMENT AGAINST INTEREST.

Rule 804(b)(4). STATEMENT OF PERSONAL OR FAMILY HISTORY.

Rule 804(b)(6). FORFEITURE BY WRONGDOING.

Rule 805 HEARSAY WITHIN HEARSAY

Rule 806 ATTACKING AND SUPPORTING CREDIBILITY OF DECLARANT

Rule 807 RESIDUAL EXCEPTION

Rule 901. AUTHENTICATION

a) Of documents

b) By internal characteristics

c) Voices

d) Telephone calls

e) Ancient documents

f) Process or system

Rule 902. SELF-AUTHENTICATION

a) Public documents

b) Newspapers and periodicals.

TYPES OF EXHIBITS

a) Real evidence

b) Illustrative evidence

"Anatomy of a Murder"(James Stewart, 1959) (crime scene photos)

"My Cousin Vinny" (Joe Pesci, Marissa Tomei, 1992)

c) Writings

d) Silent witness exhibits

"My Cousin Vinny" (Joe Pesci, Marissa Tomei, 1992)

COURTROOM DEMONSTRATIONS

"Suspect" (1987, Cher) (how knife was wielded; catching a thrown object)

"To Kill a Mockingbird" (Gregory Peck, 1962) (throws a glass to defendant) (Fred Moss)

Rules 1001-08. ORIGINAL DOCUMENT RULE

"The Verdict" (Paul Newman, 1982)